NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4822
SPONSOR: Butler (MS) TITLE OF BILL: An act to amend the vehicle and traffic law and the
education law, in relation to requiring youth holding operator's
licenses or permits to maintain good school attendance
PURPOSE OR GENERAL IDEA OF BILL: Requires persons under eighteen to
maintain good attendance at school in order to be eligible for a
learner's permit or driver's license.
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the vehicle and
traffic law by creating a new subdivision that would mandate that no
license or learner's permit shall be issued to or retained by a person
under the age of eighteen unless they hold a high school diploma or are
enrolled in and attending an educational program and hold a valid,
current certificate of good attendance from such school program. This
bill also amends the education law by adding a new section that mandates
that students in high school comply with their school's attendance poli-
cies in order to obtain a certificate of good school attendance. This
certificate is necessary to obtain a learner's permit or driver's
license. Exemptions from these provisions include situations in which
the pupil is unable to pursue the educational program due to disability,
the pupil is unable to pursue the educational program due to his or her
providing care or services to a disabled parent, or the pupil needs a
license or permit to operate a motor vehicle due to his or her employ-
ment needs or those of a member of his or her family.
JUSTIFICATION: This bill aims to reduce absenteeism, truancy and the
dropout rate by targeting an area that students are concerned with the
most, the ability to drive, High school students would lose their driv-
ing privileges or their ability to apply for a driver's license if they
failed to meet their school district's attendance policy. Once they are
in good standing again with regard to attendance requirements, their
licenses can be reinstated.
PRIOR LEGISLATIVE HISTORY: 2013: Held for consideration in transpor-
tation 2014: Held for consideration in transportation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law; provided
that the commissioners of motor vehicles and education are authorized to
promulgate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before such
date.
STATE OF NEW YORK
________________________________________________________________________
4822
2015-2016 Regular Sessions
IN ASSEMBLY
February 6, 2015
___________
Introduced by M. of A. BUTLER, BORELLI, CROUCH, FINCH, GOODELL, TENNEY,
WALTER -- Multi-Sponsored by -- M. of A. BARCLAY, CERETTO, LENTOL,
McKEVITT, McLAUGHLIN -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law and the education law, in
relation to requiring youth holding operator's licenses or permits to
maintain good school attendance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 502 of the vehicle and traffic law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Certificates of good school attendance. (a) Except as otherwise
4 provided in paragraph (d) of this subdivision, no license or learner's
5 permit shall be issued to or retained by a person under the age of eigh-
6 teen years unless such person (i) holds a high school diploma or equiv-
7 alent diploma or (ii) is enrolled in and attending an educational
8 program the successful completion of which will lead to such a diploma
9 or equivalent diploma and holds a valid, current certificate of good
10 attendance from such educational program pursuant to section thirty-two
11 hundred ten-a of the education law.
12 (b) Upon receipt of notice by the commissioner that a certificate of
13 good attendance has been withdrawn, the commissioner shall suspend such
14 person's license or permit until such time as such certificate is rein-
15 stated or the person ceases to be subject to the requirement therefor.
16 Upon receipt of notice by the commissioner that a certificate of good
17 attendance has been reinstated, the commissioner shall reinstate such
18 person's license or permit.
19 (c) The head of each school attended by any person subject to the
20 provisions of this subdivision shall issue or withdraw such certificates
21 on the basis of the student's compliance or lack of compliance with the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03612-01-5
A. 4822 2
1 attendance policies of such school, subject to the provisions of section
2 thirty-two hundred ten-a of the education law.
3 (d) The provisions of this subdivision shall not be applied to a
4 person who has received a certificate of exemption pursuant to subdivi-
5 sion four of section thirty-two hundred ten-a of the education law.
6 § 2. The education law is amended by adding a new section 3210-a to
7 read as follows:
8 § 3210-a. Certificates of good school attendance. 1. The provisions of
9 this section shall apply to the issuance of certificates of good school
10 attendance for purposes of subdivision eight of section five hundred two
11 of the vehicle and traffic law. The provisions of this section shall
12 apply to all schools, public or private.
13 2. The head of each school shall issue, deny, withdraw or reinstate
14 certificates of good attendance on the basis of the pupil's adherence to
15 the school's attendance policy, subject to the provisions of this
16 section. A school may charge a fee of up to twenty dollars for each
17 certificate issued or qualified.
18 3. If a pupil is not in compliance with the school's attendance policy
19 and is not exempt pursuant to the provisions of subdivision four of this
20 section, the school authorities shall make efforts to assist the pupil
21 in complying through consultations between appropriate school officials
22 and the pupil and his or her parent, guardian or person in parental
23 relation. With respect to any pupil for whom a certificate of good
24 attendance is in effect, in the event that such pupil shall cease to be
25 entitled to such certificate, the head of such school shall so notify
26 the commissioner of motor vehicles. A determination of compliance or
27 noncompliance with an attendance policy shall be final and not subject
28 to administrative review.
29 4. Pupils shall be exempt from complying with the requirements of this
30 section and subdivision eight of section five hundred two of the vehicle
31 and traffic law and shall be entitled to issuance of a certificate of
32 exemption therefrom to be issued by the school district in which they
33 reside in the following cases:
34 (a) the pupil is unable to pursue the educational program due to disa-
35 bility;
36 (b) the pupil is unable to pursue to educational program due to his or
37 her providing care or services to a disabled parent; or
38 (c) the pupil needs a license or permit to operate a motor vehicle due
39 to his or her employment needs or those of a member of his or her fami-
40 ly.
41 § 3. This act shall take effect on the first of January next succeed-
42 ing the date on which it shall have become a law; provided that the
43 commissioners of motor vehicles and education are authorized to promul-
44 gate any and all rules and regulations and take any other measures
45 necessary to implement this act on its effective date on or before such
46 date.
